Abstract: The institutional evolution of the procuratorial investigative power in China reveals that its essence is the procedural embodiment of the legal supervision power, while the mobile investigative power has become an important power setting in the legal supervision power system with its functional supplement, procedural flexibility and procedural guarantee.Empirical research shows that its effectiveness is subject to the constraints of the ambiguity of normative requirements and the wear and tear of procedural operation, resulting in the dilemma of “institutional dormancy”.The institutional activation of the mobile investigative power is not only related to the structural adjustment of the procuratorial power, but also the realization mechanism of “substantiation of legal supervision power” in criminal procedure law.In order to strengthen the “supervisory” function guarantee of the mobile investigative power, we should focus on giving play to the concept of “high-quality and efficient handling of every case” of the procuratorial organs, take legal supervision as the logic of exercising power, and take power adaptation as the basic principle of operation.In terms of specific paths, we should refine the scope of application of the mobile investigative power, optimize and even simplify the procedural approval process for initiating the mobile investigative power, and improve the internal coordination mechanism and external connection mechanism of the operation of the mobile investigative power.

Key words: Mobile Investigation Authority, Legal Supervision, Procuratorial Authority, Duty-related Crimes

摘要： 我国检察侦查权的制度演进揭示其本质是法律监督权的程序性具象,而机动侦查权则以功能补位、程序机动、程序兜底成为法律监督权体系中的重要权能设置。实证研究表明,机动侦查权的效能基于规范要件模糊性、程序运行耗损性等约束产生制度休眠困境。机动侦查权的制度激活不仅关乎检察权能的结构性调适,更是法律监督权实质化在刑事程序法中的实现机制。为强化机动侦查权的监督性职能,需以高质效办好每一个案件为观念引导,以法律监督为行权逻辑,以权能适配为运行基础,系统构建监督性职能保障体系。在具体路径方面,应细化机动侦查权的适用范围,优化乃至简化启动机动侦查权的程序审批流程,并完善机动侦查权运作的内部协调机制与外部衔接机制。

关键词: 机动侦查权, 法律监督, 检察权, 职务犯罪